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LVNV/Portfolio Recovery bottom feeders (re-aging, factoring account, etc!)


pulpfiction
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Well..two of the most notorious JDB bottom-feeders are messing around with my CR's (all three, in fact). Here's what's reporting, in terms of violations:

LVNV:

EQ: Past due: $1724, Date of last activity 9/05, Type of account: Open, Factoring account

EX: Past due: $1724, Date of status: 8/06, Type: installment

TU: Past due: $1724, Date open: 6/06, Account type: open account, Loan type: factoring company account

This is regarding a Providian chargeoff. Strangely enough, Providian is only reporting the first card I had with them, which was lost and replaced with the card that later charged off. I know that a JDB cannot report as a factoring company, nor can they report an open/installment account. However how do I go about proving they re-aged?

Portfolio:

EQ: Amount past due: 1018, Date of last activity 6/05, Open account, Factoring company

EX: Date of status 10/06, Type: Installment, 1018 past due

TU: Past due 1018, Factoring company, Open account, Date open 8/06

This is regarding a HSBC chargeoff, which is reporting the date of last activity as 5/05. So clearly this account has been re-aged, in addition to all the other garbage theyve tried to pull.

My questions:

1. Do I prove re-aging on the HSBC by making reference to the fact that the OC is reporting one DOLA, while the JDB's are reporting another (and different dates on all three CR's!)? However doesnt that prove that the account is indeed mine? What about proving DOLA on the Providian chargeoff that isnt reporting at all?

2. These bottom feeders sent dunning letters a couple of months ago (at which time they were not reporting.) I responded with a DV, and they put these on my CR, but marked in dispute. So, if I now dispute these TL's with the CRA's ('this is not a factoring account', 'wrong date of last activity', etc..as opposed to 'not mine') are the JDB's in violation if they keep the account as marked in dispute?

3. Lastly, should I send my disputes CMRR, or is it okay to dispute online? I'm not looking to sue the CRA's (at least not yet :) )..just looking to get the JDB TL's removed and perhaps some cash.

Thanks!

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Well..two of the most notorious JDB bottom-feeders are messing around with my CR's (all three, in fact). Here's what's reporting, in terms of violations:

LVNV:

EQ: Past due: $1724, Date of last activity 9/05, Type of account: Open, Factoring account

EX: Past due: $1724, Date of status: 8/06, Type: installment

TU: Past due: $1724, Date open: 6/06, Account type: open account, Loan type: factoring company account

This is regarding a Providian chargeoff. Strangely enough, Providian is only reporting the first card I had with them, which was lost and replaced with the card that later charged off. I know that a JDB cannot report as a factoring company, nor can they report an open/installment account. However how do I go about proving they re-aged?

Portfolio:

EQ: Amount past due: 1018, Date of last activity 6/05, Open account, Factoring company

EX: Date of status 10/06, Type: Installment, 1018 past due

TU: Past due 1018, Factoring company, Open account, Date open 8/06

This is regarding a HSBC chargeoff, which is reporting the date of last activity as 5/05. So clearly this account has been re-aged, in addition to all the other garbage theyve tried to pull.

My questions:

1. Do I prove re-aging on the HSBC by making reference to the fact that the OC is reporting one DOLA, while the JDB's are reporting another (and different dates on all three CR's!)? However doesnt that prove that the account is indeed mine? What about proving DOLA on the Providian chargeoff that isnt reporting at all?

2. These bottom feeders sent dunning letters a couple of months ago (at which time they were not reporting.) I responded with a DV, and they put these on my CR, but marked in dispute. So, if I now dispute these TL's with the CRA's ('this is not a factoring account', 'wrong date of last activity', etc..as opposed to 'not mine') are the JDB's in violation if they keep the account as marked in dispute?

3. Lastly, should I send my disputes CMRR, or is it okay to dispute online? I'm not looking to sue the CRA's (at least not yet :) )..just looking to get the JDB TL's removed and perhaps some cash.

Thanks!

1) You would just state that while you cannot recall an account with that number, even assuming arguendo that you could, the date of last activity differs between the HSBC & LVNV. You may also ask HSBC to "verify" what they are reporting and hope they send you the date of last activity. In this method, you are not verify the debt is yours via your dispute.

2) It depends on whether you requested validation within 30 days of your reciept of their initial communication. If you did and they provided no validation, their tradelines are already in violation of the FDCPA insofar as that would be construed as continued collection activity. They are in compliance for marking it as in dispute. If they verify the tradeline upon your dispute as is, they would commit a FCRA violation; specifically, 1681s-2b. These are not open account rather collection thus they should be closed accounts and thereby, they cannot be past due because they issued you no credit.

3) Send all disputes via CMRRR.

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hey there...

Im actually in the process of disputing an LVNV acc for a friend that they reaged as well. So far... I disputed it with the CB's and the verfied it. So next I sent a complaint to the BBB and waiting for a response. I will keep you posted. In the meantime I will be sending them a nice little letter.... seems they reage often.. grrrr

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The company they were before "Sherman etc..." dropped two large 'debts' after sending bogus notarized 'affidavit' of debts by the custodian of records.

I've got two to dispute now, largest out of SOL, (they told me). I'm sure they have no documentation. They have listed as 'factoring'. They're not at the top of my list, but unless they really sharpened up I would also recommend you find out if they have enough original documents to verify the debt, other than an affidavit.

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